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Now we got a federal judge who needs to put somebody in protective custody in federal detention with the marshals so that Donald Trump doesn't deport or remove them away from federal jurisdiction. What is the world we live in? But thank God that just Judge Holmes has decided to put Mr. Abrego Garcia in federal detention in Tennessee and keep him there, stash him there if you will, until at least the 16th of July when Judge Crenshaw, the district court judge, holds a hearing. Have you ever heard of such a thing? But this is what happens when federal judges don't believe a word that the Trump administration and its Department of Justice say, especially about immigration. When you have reporting out there that whistleblowers have said that the number three in the Department of Justice instructed their lawyers to lie to federal judges, not tell them the truth about people that are in immigration detention and the like. And since Judge Holmes, the magistrate judge of the Abrego Garcia case, wants to protect him from being deported in the middle of the night before her boss, her district court Judge Crenshaw, has an opportunity on the 16th to hold a hearing, she's stashing him away. And frankly, the Trump administration, maybe to protect him from them, has decided they're not going to oppose keeping him in jail on the federal detention side and the criminal side until the 16th of February. They might. They probably think they can't even control their own immigration police. I'm Michael Popak, fired up on Legal af and on the midas touch network. Let's talk about Armando Abrego Garcia. And again, I want to make it clear I'm not his defense lawyer. I'm not defending Armando Abrego Garcia. I know the facts that have been alleged. I've seen the weakness of the evidence. But I'm not here to defend him. This isn't about Abrego Garcia per se. It's about the rule of law. It's about due process. It's about notice, it's about constitutional rights. So when I say Abrego Garcia, that's just a proxy. It is a human being, but that's just a proxy for a concept that I am defending and so is obviously Magistrate Judge Holmes. Judge Zinnis orders his return from El Salvador cuz he was illegally deported and removed there by Donald Trump and the Department of Justice and Homeland Security. The supreme court supports her votes 90 that he must be returned. Two months later, they manufacture up an indictment for human smuggling in Tennessee from a traffic stop three years ago. And then they finally return him. He's been in federal detention ever since under the US Marshals. Judge Holmes makes a ruling last week. She has no grounds on the criminal side of the equation to keep him in federal detention through his trial on human smuggling because he's not a flight risk, there's no children involved, and he is not going to tamper with witnesses. At least she didn't find that. And she orders his release, understanding that he is subject to immigration removal procedures. And now you have the Trump administration talking out of both sides of their mouth, speaking with forked tongue as they like, as we like to say. On one side they say we're going to deport him and remove him immediately as soon as he's released from criminal detention. On the other side of their mouth, they say, no, he's gonna stand trial in Tennessee first before we deport him. And the lawyers for Abrego Garcia run into the judge, Judge Holmes, the magistrate judge, and say, what are we supposed to do? Is he gonna beat the po Is he gonna be. Is he gonna be removed and sent away from federal jurisdiction or not? And judge, Judge Crenshaw, your boss, the district court judge, the Article 3 judge, he says he wants him around. He wants a Breako around until the 16th of June, and he has time to rule on whether or where he should go. And the magistrate judge said, I want briefing. She got briefing. And in the briefing for the Trump administration, I don't think they. I don't think they trust themselves. They said, we're okay. With him staying in detention through 16 July until Judge Crenshaw has a chance to rule, are we starting to see the Trump administration roll back a little bit, walk it back a little bit? Because of the revelations that Department of Justice senior leadership told lawyers to lie to federal judges while they have Emil Beauvais confirmation hanging in the balance, who knows? But the magistrate judge took the bull by the horns and said, okay, I don't see opposition from the Trump side. Of course, Brigo Garcia wants him there. And so we have this bizarro world where an inmate demands to be kept in prison, kept in detention, to protect him from the government that's trying to deport him away from federal detention and federal jurisdiction. And that's the fear that Trump will do another oopsie, it was a mistake. I should have had a V8. He went to a detention center and now he's in. Fill in the blank. He's in South Sudan. And Holmes doesn't want that to happen. As a magistrate judge, she needs to protect and preserve jurisdictional power of the federal court. But have you ever heard of a prisoner? It's not a movie. A prisoner begging to stay in federal detention and a judge accommodating it, and even the prosecutors going, yeah, yeah, we probably can't keep track of him anyway. We've screwed up enough. So she signed that order about as quick as possible. Let me read to you from the actual order. We had a motion to delay the issuance of an order of release. And in it, they outlined for the court that he should. He should have a short delay until July 16th or beyond. Here's what the motion to delay says. The irony of this request is not lost on anyone. After illegally removing Mr. Abrego to El Salvador, the government retrieved him, brought him to this district, Tennessee, and indicted him on baseless charges. Mr. Abrego has spent the last two weeks contesting this. In a just world, he would not seek to prolong his detention further. And yet the government, a government that has at all levels told the American people that it is bringing Abrego back home to face American justice, apparently has little interest in actually bringing this case to trial. Instead, it has chosen to bring Abrego back, only to convict him in the court of public opinion. The government has done so while allowing a cooperator with two felony convictions and five prior deportations to be released. That's the cooperating witness again against the Brago. And the judge took a look at everything, and here's her order. As noted by the she says it's on page one. As noted by the district judge, the question of whether the government has made the proper showing to trigger the statutory authority to detain Kilmer Abrego Garcia is axiomatic is important because it is axiomatic that an individual has a strong interest in liberty. She then points out that based on purported conflicting statements by the government, specifically that it intends to deport him and it intends to try him in the United States before deportation. The court has considered on page three, she says, the basis for the motion, which is that perceived conflict, and noting that Abrego seeks the due process to which he is constitutionally and statutorily entitled, namely whether the government can make the necessary showing of under the Bail Reform act for the detention pending trial. And since she recognizes on page four that the relief sought Keep staying in jail the jail wanting to stay in jail is not being opposed by the government, she will grant it. She wants him separated from the general population in the prison. She wants him to have regular she's ordering these are conditions of him being sent and kept in detention, that he be allowed to free access and reasonable opportunity for private consultation with his lawyers and that the federal marshals make sure he appears for the July 16 hearing in front of Judge Crenshaw. Extraordinary. But we cover it right here on Midas Touch and on Legal af. So until my next report, which will be a follow up on the Abreco Garcia case, I am Michael Popak. You are on Legal AF on the Midas Touch Network. Can't get your fill of Legal af. Me neither. That's why we formed the Legal AF substack. Every time we mention something in a Hot take, whether it's a court filing or a oral argument, come over to the Substack. You'll find the court filing in the oral argument there, including a daily roundup that I do called Wait for It Morning af. What else? All the other contributors from Legal AO for there as well. We got some new reporting, we got interviews, we got ad free versions of the podcast and hot takes where Legal AF on Substack Come over now to free Subscribe.
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Legal AF by MeidasTouch
Episode: Judge Brutally Outsmarts Trump in Major Case
Release Date: July 1, 2025
In this compelling episode of Legal AF, hosts Ben Meiselas, Michael Popok, and Karen Friedman Agnifilo delve deep into a landmark case where a federal judge challenges the Trump administration's legal maneuvers. Titled "Judge Brutally Outsmarts Trump in Major Case," the episode provides a thorough analysis of the legal intricacies and political implications surrounding the detention and potential deportation of Armando Abrego Garcia.
The episode centers on the controversial detention of Armando Abrego Garcia, a case that has significant ramifications for immigration law and executive power. Initially deported to El Salvador by the Trump administration, Abrego was later brought back to the United States and indicted on charges of human smuggling stemming from a traffic stop three years prior.
Quote:
"We have this bizarro world where an inmate demands to stay in prison, kept in detention, to protect him from the government that's trying to deport him away from federal detention and federal jurisdiction."
— Michael Popok [03:45]
Magistrate Judge Holmes made a pivotal decision to keep Abrego Garcia in federal detention until a hearing on July 16th before Judge Crenshaw, the district court judge. This decision challenges the Trump administration's stance and raises questions about due process and the integrity of immigration enforcement.
Quote:
"I want to make it clear I'm not his defense lawyer. I'm not defending Armando Abrego Garcia. I know the facts that have been alleged. I've seen the weakness of the evidence. But I'm not here to defend him. This isn't about Abrego Garcia per se. It is about the rule of law."
— Michael Popok [02:30]
Judge Holmes justified her decision by highlighting the lack of evidence that Abrego Garcia poses a flight risk or might tamper with witnesses, ultimately prioritizing constitutional rights over administrative directives.
Quote:
"It's axiomatic that an individual has a strong interest in liberty. [...] Abrego seeks the due process to which he is constitutionally and statutorily entitled."
— Judge Holmes (as interpreted by Michael Popok) [05:20]
The Trump administration appears to be in a state of internal conflict regarding Abrego Garcia's detention status. While publicly asserting intentions to deport him immediately, internally, they seem hesitant to oppose Judge Holmes' ruling, possibly due to concerns about the Department of Justice's credibility following whistleblower revelations.
Quote:
"We're okay with him staying in detention through 16 July until Judge Crenshaw has a chance to rule. Are we starting to see the Trump administration roll back a little bit?"
— Michael Popok [07:10]
This duality in their statements underscores the administration's precarious position and highlights potential weaknesses in their legal strategy.
Michael Popok emphasizes that the Abrego Garcia case is emblematic of broader issues within the U.S. legal system, particularly concerning immigration enforcement and executive overreach. He underscores the importance of judicial independence and the protection of constitutional rights, even when facing high-profile political pressures.
Quote:
"This isn't about Abrego Garcia per se. It's about the rule of law. It's about due process. It's about notice, it's about constitutional rights."
— Michael Popok [02:45]
The episode also touches upon the Department of Justice's alleged instructions to lawyers to mislead federal judges, raising serious ethical and legal concerns that could have far-reaching implications for future cases.
The Legal AF team concludes that the Judge Holmes' ruling not only safeguards Abrego Garcia's rights but also sets a precedent for the protection of due process against potential executive overreach. The case serves as a critical example of the judiciary's role in maintaining checks and balances within the U.S. government.
Quote:
"We have the rule of law being defended here, and that's what this case is ultimately about."
— Michael Popok [09:15]
As the episode wraps up, the hosts hint at a follow-up segment that will provide further developments on the Abrego Garcia case, ensuring listeners stay informed on this unfolding legal drama.
Join the Conversation:
For more in-depth analysis and exclusive content, subscribe to the Legal AF Substack as mentioned by Michael Popok toward the end of the episode.
This summary encapsulates the key discussions and insights from the episode, providing a comprehensive overview for those who haven't listened.